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    DATAMASTER ISSUES

    A major source of drunk driving litigation in Oakland County Michigan results from the use of what is called the “Datamaster” machine.  This machine is a breath test machine which is equipped in nearly all police departments and county jails throughout Michigan.

    THE OFFICER MUST BE CERTIFIED TO USE THE DATAMASTER

    In order for a cop, whether an Oakland County Deputy alcohol enforcer, or a Waterford Police officer, to give you a Datamaster test, they have to take a class to learn how to use the machine.  In fact, the Michigan State Police have promulgated administrative rules regarding how to properly operate the machine.  If the officer is not qualified, then any test given must be suppressed.

    THE OFFICER MUST ADMINISTER THE TEST PROPERLY

    In order for a Datamaster test to be admissible in an Oakland County District Court for an operating under the influence charge, the test must be performed properly.  For instance, the officer or deputy sheriff is required to observe you for 15 minutes prior to taking the Datamaster machine breath test.  If they leave or are not watching you, this could be grounds for suppressed of the Datamaster test.  Further, things like sticking your fingers in your mouth or coughing up stuff also results in the officer being required to restart the 15 minute observation period. 

    WELL HOW DO I ATTACK THE TEST?

    The first thing I do when somebody retains me to represent them in their criminal drunk driving charge is to obtain the video of the booking of the client.  This video is usually available and will show you taking the Datamaster test.  Usually, my experience is that some of the time, the officers are not observing the tests properly, which will usually result in the suppression of the Datamaster Breath Test.  Of course, without the test, the Prosecutor will usually make a deal you cannot refuse, like a civil infraction, or outright dismissal.

    WHAT ABOUT ATTACKING THE DATAMASTER ITSELF AT TRIAL

    In my travels around the Oakland County Judicial System, I have found that there are two schools of thought that the best drunk driving lawyers have when attacking the reliability of the Datamaster machine.  First, some of the criminal defense attorneys who concentrate their practice solely in DUI defense will use an expert witness to testify that the Datamaster machine is an unreliable piece of junk.  There are times when I myself have used Datamaster experts to testify about how the machine operates and its potential for errors. 

    The second school of thought is instead of trying to out-science the prosecutor, the Datamaster test can be successfully attacked with simple, yet effective questions, via the officer who administered the test.  For example, the administering West Bloomfield Officer will have to admit that the machine doesn’t take into consideration your height, weight, age, sex, race, or gender in its determination of what your BAC is through your breath.  Also, the cop will testify that the machine is old and taking precise minute measurements with a 25 year old computer causes enough error to the point that when a drunk driving death case or other felony is involved, the officer would take a blood test instead because a blood test is thought to be more accurate. 

    HOW RELEVANT IS A DATAMASTER TEST

    My opinion is that the Datamaster test result’s accuracy is not great and instead, the jury needs to look to how you look on the tape of the stop.  If you look sober, then you were probably under the legal limit and the Datamaster machine was wrong.  This argument always leads the prosecutor to say “well people can look sober even when they are over the legal limit,” to which my response is “sober people always look sober!”